SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIES
1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled by consultation through diplomatic channels.
2. If the dispute has not been settled within a period of six months from the date on which either Contracting Party raised the matter, it may be submitted at the request of either Contracting Party to an Arbitral Tribunal.
3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunal.
4. If within the periods specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shall, in the absence of any other arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice- President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he, too, is prevented from discharging the said function, the member of the Court next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functions, shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall determine its own procedure. The Arbitral Tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Contracting Parties.
6. The Arbitral Tribunal shall reach its decision by a majority of votes, and this award shall be final and binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award.
7. Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal ...
SETTLEMENT OF DISPUTES BETWEEN. Contracting Parties
(1) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels.
(2) If a dispute between the Contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he too, is prevented from discharging the said function the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decisions by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of cost shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.
SETTLEMENT OF DISPUTES BETWEEN a Party and an Investor of the other Party Without prejudice to the rights and obligations of the Parties under Chapter N (Institutional Arrangements and Dispute Settlement Procedures), this Section establishes a mechanism for the settlement of investment disputes that assures both equal treatment among investors of the Parties in accordance with the principle of international reciprocity and due process before an impartial tribunal. An investor of a Party may submit to arbitration under this Section a claim that the other Party has breached an obligation under:
(a) Section I, other than Article G-14 or G-14 bis, or Article J-03(2) (State Enterprises); or
(b) Article J-02(3)(a) (Monopolies and State Enterprises) where the monopoly has acted in a manner inconsistent with the Party’s obligations under Section I, other than Article G-14 or G-14 bis, and that the investor has incurred loss or damage by reason of, or arising out of, that breach.
1. An investor of a Party, on behalf of an enterprise of the other Party that is a juridical person that the investor owns or controls directly or indirectly, may submit to arbitration under this Section a claim that the other Party has breached an obligation under:
(a) Section I, other than Article G-14 or G-14 bis, or Article J-03(2) (State Enterprises); or
(b) Article J-02(3)(a) (Monopolies and State Enterprises) where the monopoly has acted in a manner inconsistent with the Party’s obligations under Section I, other than Article G-14 or Article G-14 bis, and that the enterprise has incurred loss or damage by reason of, or arising out of, that breach.
2. If an investor makes a claim under this Article and the investor or a non‑controlling investor in the enterprise makes a claim under Article G-17 arising out of the same events that gave rise to the claim under this Article, and two or more of the claims are submitted to arbitration under Article G-21, the claims should be heard together by a Tribunal established under Article G-27, unless the Tribunal finds that the interests of a disputing party would be prejudiced thereby.
3. An investment may not make a claim under this Section.
SETTLEMENT OF DISPUTES BETWEEN the Parties to this Agreement
SETTLEMENT OF DISPUTES BETWEEN an Investor and a Contracting Party
(1) Any dispute between an investor of one Contracting Party and the other Contracting Party in relation to an investment of the former under this Agreement shall, as far as possible, be settled amicably through negotiations between the parties to the dispute.
(2) Any such dispute which has not been amicably settled within a period of six months may, if both Parties agree, be submitted:
(a) for resolution, in accordance with the law of the Contracting Party which has admitted the investment to that Contracting Party□s competent judicial, arbitral or administrative bodies; or
(b) to the International conciliation under the Conciliation Rules of the United Nations Commission on International Trade Law.
(3) Should the Parties fail to agree on a dispute settlement procedure provided under paragraph (2) of this Article or where a dispute is referred to conciliation but conciliation proceedings are terminated other than by signing of a settlement agreement, the dispute may be referred to Arbitration. The Arbitration procedure shall be as follows:
(a) If the Contracting Party of the Investor and the other Contracting Party are both parties to the Convention on the Settlement of Investment Disputes between States and nationals of other States, 1965 and the investor consents in writing to submit the dispute to the International Centre for the Settlement of Investment Disputes, such a dispute shall be referred to the Centre; or
(b) If both parties to the dispute so agree, under the Additional Facility for the Administration of Conciliation, Arbitration and Fact-Finding proceedings; or
(c) to an ad hoc arbitral tribunal by either party to the dispute in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law, 1976, subject to the following modifications:
(i) The appointing authority under Article 7 of the Rules shall be the President, the Vice-President or the next senior Judge of the International Court of Justice, who is not a national of either Contracting Party. The third arbitrator shall not be a national of either Contracting Party.
(ii) The parties shall appoint their respective arbitrators within two months.
(iii) The arbitral award shall be made in accordance with the provisions of this Agreement and shall be binding for the parties in dispute.
SETTLEMENT OF DISPUTES BETWEEN. AN INVESTOR AND A CONTRACTING PARTY
SETTLEMENT OF DISPUTES BETWEEN. A CONTRACTING PARTY AND A NATIONAL OF ANOTHER CONTRACTING PARTY
1. All kinds of disputes or differences, including disputes over the amount of compensation for expropriation or similar measures, between a Contracting Party and a national or company of the other Contracting Party concerning an investment or return of investment of that national or company in the territory of the other shall be settled amicably through negotiation.
2. If such disputes or differences cannot be settled according to the provisions of paragraph (1) of this Article within three months from the date of request for settlement, the national or company concerned may submit the dispute to:
a) the competent court of the Contracting Party for decision; or
b) the International Center for the Settlement of Investments Disputes established under the Convention on the Settlement of Investment Disputes between States and Nationals of other States, of March 18, 1965 done in Washington, D.C. ; or
c) an ad-hoc arbitral tribunal in accordance with the arbitration rules of the United Nations Commission on International Trade Law of 1976. Any judicial decision or arbitral awards shall be final and binding on the parties to the dispute and each Contracting Party shall execute such decisions or awards in accordance with its laws.
SETTLEMENT OF DISPUTES BETWEEN. Contracting parties
1- Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall, if possible, be settled through diplomatic channels.
2- If the Contracting Parties cannot reach an agreement within six months from the date on which negotiations were requested by either Contracting Party, the dispute shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a national of a third State.
3- If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. 5- If, in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not national of either Contracting Party.
SETTLEMENT OF DISPUTES BETWEEN a National of a Contracting Party and the other Contracting Party
1. For the purpose of solving disputes with respect to investments between a Contracting Party and a national of the other Contracting Party, consultations will take place between the parties concerned with a view to solving the case amicably.
2. If these consultations do not result in a solution within three months from the date of the written request for consultations, the national shall submit the dispute to the competent court of the Contracting Party in the territory of which the investment was made.
3. In case of a legal dispute concerning an investment in the territory of the United Arab Emirates, the dispute may only be referred to ICSID if the national, party to the dispute, has first submitted the dispute to the competent court of the United Arab Emirates and the dispute has not been settled to the satisfaction of the national. After 6 months from the date of request for consultations, the national may refer the case to the International Centre for Settlement of Investment Disputes (ICSID) for settlement by conciliation or arbitration under the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington on 18 March 1965.
4. Each Contracting Party hereby consents to submit any legal dispute arising between that Contracting Party and a national of the other Contracting Party concerning an investment of that national in the territory of the former Contracting Party to the ICSID.
5. A legal person which is incorporated or constituted under the law in force in the territory of one of the Contracting Parties and in which before such a dispute arises the majority of shares are owned by investors of the other Contracting Party shall, [in accordance with Article 25 (2) (b) of the Convention], for the purpose of the Convention be treated as a national of the other Contracting Party.
